Chapter 1: Coverage
Italicized text was added to the original Title III Technical
Assistance
Manual through supplements issued in 1993 and 1994.
Regulatory references: 28 CFR 36.102-36.104.
1.8000 Relationship to other laws
1.8100 Rehabilitation Act.
Title III is intended to provide protection to individuals with
disabilities that is at least as great as that provided under title V
of the Rehabilitation Act. Title V includes such provisions as section
504, which covers all the operations of Federal Executive agencies and
programs receiving Federal financial assistance. Title III may not be
interpreted to provide a lesser degree
of protection to individuals with disabilities than is provided under
section 504.
1.8200 Other Federal and State laws.
Title III does not disturb other Federal laws or any State law that
provides protection for individuals with disabilities at a level
greater or equal to that provided by the ADA. It does, however, prevail
over any conflicting State laws.
ILLUSTRATION: A restaurant
has
constructed a new facility that is subject to both local building code
accessibility requirements and the requirements of the ADA. With
respect to
some building features, the local code contains more stringent
technical
requirements than the ADA; with respect to others, the ADA has the
stronger
standard. Each building element should comply with the requirement
(local or
ADA) that provides the greatest degree of accessibility.
Which
law applies if the ADA provides broader remedies,
but the other applicable law provides more stringent technical
requirements? Both. An
aggrieved
individual may file a lawsuit under both the ADA and another law where
both
apply, but the ADA’s remedies would be applicable only to the ADA
claim, because
the ADA enforcement process may be used only to enforce the
requirements of the
ADA. The ADA would not preempt the other law’s requirements or remedies.
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